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LAYTON CITY v. SPETH

No. 15200.

578 P.2d 828 (1978)

LAYTON CITY, Plaintiff and Respondent, v. David J. SPETH, Defendant and Appellant.

Supreme Court of Utah.

April 10, 1978.

Attorney(s) appearing for the Case

Thomas A. Jones, Salt Lake City, for defendant and appellant.

Bruce C. Barton, Layton City Atty., Layton, for plaintiff and respondent.

ELLETT, Chief Justice:

Mr. Speth was charged with violating an ordinance of the City of Layton in that he "knowingly permitted his vehicle to be occupied by persons unlawfully possessing and using a controlled substance, marijuana in the vicinity of Davis Drive Inn at about 9:55 P.M."

The ordinance under which Mr. Speth was charged reads as follows:

(1) It shall be unlawful: * * * * * * (b) For any owner, tenant, licensee, or person...

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